TORT — practice and procedure — parties enter into settlement of defamation proceedings which solely required (apart from costs issues) publication by the defendants of an apology on Facebook within 14 days of the deed being signed — apology removed from Facebook on same day as lodgement — plaintiff refuses to sign Notice of Discontinuance on the basis that the terms of the deed had not been complied with — whether defendants entitled to an order pursuant to s 73 Civil Procedure Act 2005 (NSW) that the proceedings were settled — whether a second removal of the apology by the first defendant amounted to non-compliance with the terms of settlement — apology belatedly published on Facebook six weeks later — parties still wished to compromise proceedings for an apology — plaintiff now dissatisfied with the form (but not the wording) of the apology — consideration of s 61 Civil Procedure Act and Saltearn v Saltearn [2015] NSWSC 582 — defendants' belated publication of the apology sufficient basis to warrant the proceedings being dismissed under s 61
PERJURY — plaintiff's application for leave to to prosecute the first defendant for perjury pursuant to s 338(1)(c) Crimes Act 1900 (NSW) — plaintiff's notice of motion dismissed
COSTS — defendants' application for indemnity costs and a gross sum costs order under s 99 Civil Procedure Act — plaintiff to pay defendants' costs of his notice of motion to prosecute the first defendant to be paid on an indemnity basis, but the defendants otherwise to pay his or her own costs
Case Details
Citation[2015] NSWDC 141
CourtNSWDC
JurisdictionNew South Wales
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